第十八章世系（An-Nasab） - The Social System in Islam | System Of Islam

第十八章世系（An-Nasab） - The Social System in Islam | System Of Islam

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第十八章世系（An-Nasab）

18 The Lineage (An-Nasab)

by Taqiuddin an-Nabhani2 min readViewed 187 times

神的智慧要求女性承担怀孕和分娩。因此，女性在婚姻中须限于一位男子，她被禁止嫁给一位以上的丈夫。这样规定是为了让每个人都知道自己与谁有血缘关系。伊斯兰教法（Shar'a）承担起确立血统的责任，并以最清晰的方式阐明了此事。

The divine wisdom has required that the woman be the bearer of pregnancy and childbirth. Therefore, the woman needs to be restricted in marriage to one man and she has been forbidden from marrying more than one husband. This has been forbidden to her so that each person will know to whom they are related. The Shar’a has taken upon itself to establish lineage and has clarified the matter in the clearest manner.

孕期最短为六个月;大多数情况下为九个月,最长为两年。关于丈夫,妻子生下孩子时,如果她是在结婚之日起六个月以后生下的,那么这孩子就有可能是他的。因为先知说过:“孩子属于床榻的主人(Al-walad Lil-firash)。”简言之:只要女子与丈夫存在婚姻关系,并且她在结婚六个月之后生下孩子,那么这孩子必定是丈夫的孩子。

The shortest duration of pregnancy is six months; in the majority of cases it is nine months and the longest is two years. Regarding the husband, when his wife gives birth to a child, it is possible that it is from Him if she gave birth to it after more than six months from the date of marriage. So it is his child due to the saying of the Prophet: “The child belongs to the one on whose bed it is born (Al-walad Lil-firash).” In short: As long as the woman is married to the husband and she gives birth to a child after six months from marriage, it is definitely the child of the husband.

第三:否认孩子的归属应当在特定的时间和特定的情况下进行。这些时间和情况是:分娩之时、为婴儿购买必需物品之时,或者在他不在场时得知妻子已经分娩之时。在其他时间和情况下,不得否认孩子的世系。若他的妻子生下孩子而他保持沉默,未予否认,尽管他本有机会否认,那么孩子的世系便归属于他,此后他便无权再否认。选择的依据,取决于他得知此事的地点以及他是否有能力否认。若他已知晓孩子的出生,且本可以否认却未否认,那么孩子的世系即告确立,因为真主的使者ﷺ说:“孩子属于其床榻所生之人(Al-walad Lil-firash)。”若他声称自己不知道孩子的出生,那么如果他身处使这一出生对他隐瞒的地方,例如他身在别处或他国,则可以相信他的话。在这种情况下,裁决依其陈述及其誓言而定,因为本来他确实不知情。若因他与妻子同在一屋而无法相信他的说法,则不予接受,因为此事不可能瞒过他。他可能会说:“我知道孩子出生了,但我不知道自己有权否认,或者我不知道必须立即否认。”如果这类事情通常不为普通民众所知,则此说法可为他所接受,因为此类判决并不为普通民众所知。这适用于近期皈依伊斯兰教的人。对于像他这样的人而言,不知某条裁决,若该裁决并非其所熟知,其无知可获原谅,新穗者的情况亦是如此。若此类裁决对像他这样的人而言并非不为人知,那么他的无知则不被原谅。

Third: That the disowning of the child should be at particular times and in particular situations. These are the time of delivery or time of buying the necessary things for it, or the time when He knew that his wife had given birth if He was absent. The lineage of the child cannot be disowned at other than these times and situations. When his wife gives birth to a child and He remains silent, not disowning it even though He had the opportunity to do so, then its lineage is related to Him and He will not have the right to disown it after that. The choice is determined according to the place at which He came to know of and his ability to disown it. If He had known about the child and it was possible for Him to disown it but He did not disown it then its lineage is established because the Messenger of Allah (pbuh) said: “The child belongs to the one on whose bed it is born (Al-walad Lil-firash).” If He claims He did not know about its birth, then it is possible to trust his words if He is at a place that makes the birth concealed to Him; for example, if He was at another place or in another country. The decision in this case is his together with his oath, because originally He does not know. If it is not possible to believe Him because He was with her in the house, his claim is not accepted because it is not possible that it was concealed from Him, it may occur that He says “I knew about its birth but I did not know I had the right to disown it, or I did not know I had to disown it instantly.” If the matter is usually not known to the ordinary people, this saying is accepted of Him because this Hukm is not known by the ordinary people. This is applicable to the situation of a person who had become Muslim recently. The ignorance of any Hukm the like of which is unknown to some one like Him is excused, as is in the case of one who is a new Muslim. If the example of such a Hukm is not unknown to such a person as Him, then his ignorance is not excused.

当这四个条件得到满足时,这个孩子便被否认,并归于妻子。伊本·欧麦尔(愿主喜悦他们二人)传述,在使者ﷺ的时代,有一个男人对他的妻子进行了咒骂(li'an),她的孩子因此被否认,于是使者ﷺ让他们分开,并把孩子判给了妻子。如果否认孩子的条件没有满足,那么孩子就不会被否认,其世系归于丈夫,父亲的一切权利和义务都将对他有效。这是指关于生育的争议源自丈夫一方的情况。但如果夫妻双方关于生育的争议源自妻子一方,即她在婚姻期间声称自己为他生下了一个孩子,而丈夫加以否认,说“你没有生过”,那么她有责任以一名女性证人的证词来证明其主张。在这种情况下,一名女性证人的证词就已足够,因为世系是通过她作为他的妻子而确立的。只要该证人符合作证的条件,单独一名女性证人的证词即可正确地证明生育的事实。

When these four conditions have been fulfilled, then the child is disowned and given to the wife. Ibn Umar reported that a man imprecated his wife in the time of the Messenger of Allah (pbuh) and her child was disowned so the Messenger of Allah (pbuh) separated them and gave the child to the wife. If the conditions of the disownment of the child are not fulfilled then it is not disclaimed and its paternity is ascribed to the husband and all the rules of fatherhood will be binding on Him. This is if the dispute over the birth originated from the husband. But if the dispute between the spouses over the birth arises from the wife, where she claims during the course of her marital life that she gave birth to a child from Him and the husband rejects it, such that He says 'you did not give birth', then it is up to her to prove her claim by the testimony of a single woman witness. In this case the testimony of a single woman witness is sufficient because the lineage is proven by the woman being his wife. Birth can be correctly proven by a single woman witness who meets the conditions of testimony.